[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Notices]
[Page 18426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8812]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act and the
Resource Conservation and Recovery Act
Notice is hereby given that on March 24, 1995, a proposed consent
decree was lodged with the United States District Court for the
District of Idaho in United States v. Union Pacific Railroad Company,
et al., Action No. CIV 95-0152-E-HLR. The proposed consent decree
settles claims asserted by the United States at the request of the
United States Environmental Protection Agency (EPA) and by the State of
Idaho for releases of hazardous substances at the twenty-one square
mile Bunker Hill Superfund Site in northern Idaho. The companies named
as defendants are Union Pacific Railroad Company; and Stauffer
Management Company and Rhone-Poulenc, Inc. (collectively, the
``Stauffer Entities'').
In the complaint, the United States asserted claims against each of
the defendants pursuant to Sections 106 and 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), as
amended, 42 U.S.C. 9606 and 9607(a), and Section 7003 of the Resource
Conversation and Recovery Act, 42 U.S.C. Sec. 6973 (RCRA), for
injunctive relief to abate an imminent and substantial endangerment to
public health or welfare or the environment due to the release or
threatened release of hazardous substances at the Bunker Hill Superfund
Site in Shoshone County, Idaho. The United States also sought recovery
of costs that have been and will be incurred in response to releases
and threatened releases of hazardous substances at and from the Bunker
Hill Superfund Site. The State of Idaho asserted a claim for recovery
of costs pursuant to Section 107(a) of CERCLA, 42 U.S.C. Sec. 9607(a),
against each of the defendants.
Under the proposed Consent Decree, the Stauffer Entities have made
the following commitments: (1) The Stauffer Entities will remediate the
A-4 gypsum pond, a gypsum waste pile within the Site. (2) the Stauffer
Entities will pay $850,000 to the United States towards the demolition
and remediation of the phosphate fertilizer plant with the Bunker Hill
industrial complex. EPA will perform the work. (3) The Stauffer
Entities will pay $150,000 towards the Institutional Control Program
costs at the Site. (4) The Stauffer Entities will pay an additional
$500,0000 to the United States and an additional $500,000 to the State
of Idaho.
Union Pacific has made the following commitments under the Consent
Decree: (1) Union Pacific will perform the remedial action for the
entire seven mile right-of-way through the Site. (2) Union Pacific will
pay the cost of disposal of principal threat waste materials removed
from the right-of-way, and it will pay for the cost of disposal of any
materials removed from the right-of-way subsequent to certification of
remediation of the right-of-way. (3) Union Pacific will pay $150,0000
towards the Institutional Control Program costs at the Site. (4) Union
Pacific will pay an additional $500,000 to the United States and an
additional $500,000 to the State of Idaho as a premium for the covenant
not to sue that UP is obtaining under the decree.
The Stauffer Entities and Union Pacific will also pay ``future
response costs'' incurred by EPA and the State of Idaho as that term is
defined in the decree.
In exchange for the commitments made by the settling defendants in
the consent decree, the United States and the State will provide
settling defendants with covenants not to sue as set forth in the
consent decree.
The Department of Justice will receive written comments relating to
the proposed Consent Decree for thirty (30) days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, U.S. Department of Justice, Washington, D.C. 20530, and
should refer to United States v. Union Pacific Railroad Co., et al.,
D.J. Ref. No. 90-11-3-128I. Commenters may request an opportunity for a
public meeting in the affected area, in accordance with Section 7003(d)
of RCRA.
The proposed Consent Decree and exhibits may be examined at the
following locations: The Region 10 Office of EPA, 7th Floor Records
Center, 1200 Sixth Avenue, Seattle, WA 98101; the Kellogg Public
Library, 16 West Market, Kellogg, ID 83837; the Kellogg City Hall, 323
Main Street, Kellogg, ID 83837; the Smelterville City Hall,
Smelterville, ID 83868; and the Pinehurst/Kingston Library, Pinehurst,
ID 83850. The complete Administrative Record for the Bunker Hill
Superfund Site may be reviewed at the EPA Region 10 office in Seattle
and at the Kellogg Public Library.
A copy of the Consent Decree and exhibits (if requested) may be
obtained in person or by mail from the Consent Decree Library, 1120 G
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. In
requesting copies, please enclose a check in the amount of $26.50
(without exhibits) or $202.75 (with exhibits) (25 cents per page
reproduction cost) payable to the ``Consent Decree Library.''
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 95-8812 Filed 4-10-95; 8:45 am]
BILLING CODE 4410-01-M
